Month: August 2017

When planning to file a personal injury case, this is an important question that comes to the mind. How long will it take to settle my personal injury case? It is difficult to provide a simple answer because there are several factors that affect the outcome.

The Timeline
A personal injury case can take anywhere from a few months to several years. It takes less time to settle the case if the liabilities are clear, injuries are diagnosed clearly and insurance provides for the damages. Some insurance companies drag the case to increase profit. It can prolong the time it takes to settle the personal injury claim. You should never settle for less if your injuries are serious. While agreeing to receive a lower amount of compensation can result in quick settlement, it may not be a wise idea in all cases. Some types of injuries last longer and require frequent treatments, therapies and healthcare services. A lower amount will be exhausted quickly. It is better to consult a personal injury lawyer and determine the right amount of compensation claim.

Determining the Person at Fault
In some personal injury cases it is difficult to prove who was at fault. The insurer can make a significant offer only if it is sure you have the right to sue it. The burden to prove the fact that your injuries were not caused by your negligence lies on you. The physician treating you may be unable to establish the defendant’s negligence. You have to prove the defendant’s fault to receive the compensation you want.

The Amount of Money
A personal injury case involving a larger amount takes longer to settle. Insurance companies carry out due diligence before agreeing to pay a big amount. They investigate all aspects of the damages and liability related to the case. They agree to a large amount settlement only when they come to the conclusion that they cannot defend the case. When they are unable to question your credibility or disprove the severity of your injury as claimed by you, only then they will agree to the settlement. Sometimes they will drag the case longer so the plaintiff wears out and agrees to accept less compensation amount.

Long-Term Injuries
Some individuals are able to afford treatments of their injuries for a longer time. They do not want to settle for a lower amount. During the treatment, it is difficult to assess how long it will take to recover fully or what type of treatments will be needed in future if full recovery is not possible ever. A full recovery will mean lower compensation compared to a condition where the injured person can never recover completely.

These are some of the factors that determine how long it will take to settle a personal injury case.

While air travel is considered a safe means of transportation, fatalities and personal injury to passengers and crew can arise when aviation accidents happen. These accidents may be caused by pilot error, defective equipment, violations of federal aviation rules, human negligence, negligence of air traffic controllers, and third party negligence.

Aviation Accidents – Who was liable?
Those who suffer personal injuries arising from aviation accidents can pursue legal action against responsible parties, which could be the airline, the aircraft manufacturer, maintenance suppliers, or all of them in some cases. Owners and operators can be held liable for careless or recklessness that caused injuries and suffering to passengers, ground personnel and even the pilots. Under the theory of vicarious liability, the owners and operators may be held liable for the acts of their employees.

Common carriers may be held liable for claims under more stringent conditions than private carriers. A lawyer with a good understanding of the complex FAA rules and regulations can help in bringing a successful claim against common carriers such as commercial airlines.

Manufacturers may also be held liable due to defects in the aircraft itself or defects in aircraft parts or component that led to the injury. A lawyer with extensive knowledge in product liability as it relates to aviation cases will be essential in bringing this type of claim.

What must be proved?
Claims can vary depending upon the cause of the accident and the injured party must prove that the defendant failed to meet industry standards relating to aircraft operation, engineering, structure and build and other regulatory issues. Negligence, or the failure to do or not do something that a reasonable person would have done under similar circumstances in order to avoid potential harm can also be imputed on pilots, maintenance personnel and providers and major airlines.

Injured parties can seek compensation in the form of damages for past and future medical expenses, loss of earning capacity, past and future pain and suffering, emotional hardship, loss of association for married parties, and punitive damages.

If you have suffered personal injuries from an aviation incident, you need legal assistance with extensive knowledge in aviation law, product liability and related areas of litigation. Work with an attorney who specializes in aviation accidents to give your claim a high chance of success.